4 Common Eviction Myths Busted

eviction caseIt’s finally happened. You’ve been evicted. What now? If you’re undergoing an eviction case for the first time, the process can become notably stressful because you aren’t sure what to do. Do you pack up all of your things as soon as possible? Will your water be shut off? Do you have to leave the building as soon as you see the eviction notice?

Fear often leads to incorrect conclusions regarding eviction. Be sure that you make yourself knowledgeable about your rights as a tenant before you panic and do something you may not necessarily need to do right away. Here are some common eviction myths busted for your benefit.

Myth #1: You need to move out as soon as possible
To be evicted, you must first be given a written Notice of Termination by your landlord. Whether or not you’ve been evicted with a cause, your landlord must give you a 60-day termination notice, or at least a 30-day notice. They cannot kick you out immediately. The one exception to this rule is the 7-day eviction notice, which can only be issued against you in the case of an extreme breach of the renter’s agreement.

Myth #2: My landlord can turn off my utilities at any time after the eviction notice
Your landlord cannot legally turn off your utilities before you have moved out. This is considered harassment and a landlord can be made to pay you compensation if taken to court.

Myth #3: I can’t challenge my eviction
If brought to court, a judge will hear your eviction case within twenty days of the trial request. But, if the tenant hasn’t been directly named during the case or in the initial complaint for eviction, the tenant has the ability to challenge the eviction during the case or even after judgment has already been made.

Myth #4: There’s nothing I can do if I’ve been evicted because of foreclosure
To evict a tenant in California who has lived on the property for more than a year, the new landlord of a previously foreclosed building must procure a 60-day vacation notice in the event of eviction. If the tenants have a monthly lease the new owner must begin the eviction process with a 90-day notice.

Additionally, tenants can file for a Request for Notice — obtained through a title company — at a local county recorder’s office. This will keep the tenant up to date during the foreclosure process of their building.

If you’re a tenant in California, according to California Courts, “eviction or rent control laws” are there to “prohibit new owners from using foreclosure as a reason for evicting tenants.”

In the likelihood of your eviction case being taken to court, consider hiring a professional California real estate lawyer such as those in DiJulio Law Group, for a smooth eviction process with less stress on your shoulders.


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